Review: direct review and collateral review: the
Antiterrorism and Effective Death Penalty Act of 1996 (AEDPA) generally
requires a federal petition to be filed within one year of the date on which a
judgment became final, 28 U. S. C. §2244(d)(1)(A), but “a properly filed
application for State post-conviction or other collateral review” tolls that
period, §2244(d)(2); the phrase “collateral review” in §2244(d)(2) means
judicial review of a judgment in a proceeding that is not part of direct
review; because “collateral review” is not defined in AEDPA, the Court begins
with the ordinary understanding of that phrase. By definition, “collateral”
describes something that is “indirect,” not direct. 3 Oxford English Dictionary
473. This suggests that “collateral” review is not part of direct review. This
conclusion is supported by the definition of the related phrase “collateral
attack” and by the Court’s prior use of the term “collateral” to describe
proceedings that are separate from the direct review process; a Rule 35 motion
to reduce sentence under Rhode Island law is an application for “collateral
review” that triggers AEDPA’s tolling provision (U.S.S.Ct., 07.03.11, Wall v.
Kholi, J. Alito).
Monday, March 7, 2011
Wall v. Kholi
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